A Co Meath construction firm has obtained court orders providing for the enforcement of a €9.8 million arbitration award against a company linked to several major Dublin developers.
High Court president Judge David Barnville this week granted the orders to Midland Construction & Engineering Ltd, after an arbitrator in February found developer Baystreet had unlawfully terminated a contract between the two firms in 2024, according to court documents.
Developers John McKeon, Liam McSharry and Brian Kennedy are directors of Baystreet, which entered voluntary liquidation in September 2025.
Separate from the arbitration enforcement proceedings, Midland has issued proceedings against the Baystreet directors and shareholders. The case is due to come before the Commercial Court, the High Court’s big business division.
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In written evidence, Midland director Thomas Stronge said his firm was engaged by Baystreet in 2022 to build 44 apartments at the developer’s project at Ashbrook in Clontarf, Dublin. The sum agreed for the works was some €9.6 million, later rising to €10.8 million, Stronge said.
In February 2024, a dispute arose when Baystreet purportedly terminated the contract with Midland when the works were “at or near practical completion”, and consequently, allegedly did not pay Midland for certain works, Stronge contended.
Midland claimed the purported termination was invalid and a breach of contract. It said it was entitled to “substantial sums under the contract and in damages”.
Midland, with offices in Kells, Co Meath, referred the dispute to arbitration under a clause in the contract between the firms. Baystreet, with offices in Ballsbridge, Dublin, ceased its participation in the arbitration process in September 2025, and subsequently entered voluntary liquidation.
In a decision in February, arbitrator David O’Leary found the contract termination was unlawful, and awarded Midland €9,153,935.32, including interest and damages.
Stronge said it was necessary to make the application before the court as Baystreet had not made any payment on foot of the award. He said Midland had been exposed to claims by its own subcontractors and suppliers on foot of the wrongful contract termination and related conduct.
Following an application moved by Paul O’Grady, barrister for Midland instructed by solicitor Cian Duffy, Barniville this week granted judgment in the amount of €9,861,567 as against Baystreet. The judgment amount reflected continuing interest on the arbitrator’s award.
The judge also granted permission for the enforcement of the arbitrator’s award.
Arthur Cunningham, barrister for the liquidators of Baystreet, did not object to the application. Counsel said the liquidator was agreeable to admitting Midland as a creditor of Baystreet in the amount of €9.1 million, the value of the award at the time of the arbitration decision.
